The distance marketing of consumer financial services directive

Abstract

The EU directive on the distance marketing of consumer financial services (the DMD) was adopted in September 2002 bringing financial services in line with other retail sectors. This paper begins with an analysis of the principal substantive provisions of the DMD before considering the obligations it places on member states to ensure its substantive provisions are enforceable in national law and that an adequate system of redress is available to consumers. The paper then summarises the path taken by the DMD through the European legislative machine and analyses how the DMD will facilitate the integration of a European single market in financial services while striking an essential balance between the rights of the consumer and the rights of financial services providers. In the final part, consideration is given to how the DMD will be implemented by member states. In particular, attention is directed to the overall impact the DMD is likely to have on the marketing of financial services in the UK and how HM Treasury and the Financial Services Authority aim to harmonise domestic law with the DMD.